If my exempt position was eliminated 3 months ago and I’m getting regular salary/benefits through to today as severance, do I have a right to the holiday pay?

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If my exempt position was eliminated 3 months ago and I’m getting regular salary/benefits through to today as severance, do I have a right to the holiday pay?

As severance my employer agreed to pay my regular salary and benefits through today. On today’s check I was shorted just about $400, so I called their payroll person to ask why. She said that since I wasn’t actually an employee anymore that they weren’t going to pay me for the 2 Thanksgiving holidays of Thursday and Friday. In the separation agreement that I signed there isn’t any language about holiday pay not being included as a part of the benefits that they said they’ll continue for me during the severance period. It just says “I am receiving a substantial amount of money paid or agreed to be paid by Employer and other benefits”.

Asked on November 30, 2012 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, they do not need to pay you holiday pay. Once your employment is terminated, an employer is not required by law to provide you severance; if it agrees to provide severance, it only must provide you those payments it specifically agrees to. If it agreed to provide salary and benefits, that's what it has to provide--not additional amounts, such as holiday pay.


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